EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH SALE
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT, made and entered into this _____________ in
Oroquieta City, Philippines, by and between:
DOUGLAS G. ZABALLERO, of legal age, Filipino, widower, Filipino, and
a resident of San Vicente Bajo, Oroquieta City, Misamis Occidental,
Philippines, NENETTE B. ZABALLERO, of legal age, single, Filipino, and a
resident of Lobogon, Aloran, Misamis Occidental, Philippines; hereinafter
referred to as the VENDORS;
And:
JODIE MARI MONIQUE B. LACERNA, Filipino, 33 years old, married to
GREGG HENRY LACERNA, with residence at Unit 4 Phase 2 Villa Armolinda
Richmond Residences, Barangay Tabok, Mandaue City, Cebu 6014, hereinafter
referred to as the VENDEE;
WITNESSETH: that
WHEREAS, the SELLERS are the sole heirs of the deceased TEOFISTA
GOMEZ who died on February 25, 1988 at Oroquieta City, Philippines;
WHEREAS, TEOFISTA GOMEZ died intestate, without will or testament,
and without outstanding debts in favor of any person or entity;
WHEREAS, TEOFISTA GOMEZ is the absolute and registered owner of
that parcel of land located at Brgy. San Vicente Bajo, Oroquieta City, Misamis
Occidental and more particularly described as follows:
ORIGINAL CERTIFICATE OF TITLE No. P-142
A parcel of Land identified as Lot No. 406, Cad.310-D situated in
Barangay San Vicente Bajo, Oroquieta City, Misamis Occidental, containing an
area of SEVEN THOUSAND SEVEN HUNDRED AND SEVENTY-EIGHT (7,778)
SQUARE METERS covered under ORIGINAL CERTIFICATE OF TITLE No. P-
142 with Tax Declaration No. 267982 declared in the name of TEOFISTA
GOMEZ and bounded as follows:
Beginning at a point marked “1” of Lot 406 of the Cadastral Survey of
Oroquieta, being S.13-05’E.,2970.71m. from BLLM 1, Cad.310-D, thence
S.70-08’W., 20.34m to point 2; N.18-13’W., 60.35m to point 3;
S.86-17’E., 10.65m to point 4; N.69-52’E., 21.6m to point 5;
N. 0-33’W., 16.58m to point 6; N.76-23’E., 2.68m to point 7;
N. 1-23’W., 44.16m to point 8; N. 84-20’E., 47.52m to point 9;
S. 19-20’E., 32.10m to point 10; S. 12-16’E., 9.46m to point 11;
S.14-47’E., 46.68 to point 12; S. 64-46’E., 11.12m to point 13;
S. 58-47’W., 65.33m to point 1; point of beginning.
Containing an area of SEVEN THOUSAND SEVEN HUNDRED AND
SEVENTY-EIGHT (7,778) SQUARE METERS.
“A portion of the above-described parcel of land consisting of FIVE
THOUSAND FOURTEEN (5,014) square meters only and bounded as
follows:
North: LOT 024,025,041
East: LOT 023,024,025,026,027,028 OF SEC.05
South: LOT 027,042,029,068,025
West: LOT 024,027
WHEREAS, the VENDEE offered to purchase that whole parcel of land of
the above-described property with an area of FIVE THOUSAND FOURTEEN
(5,014) square meters and the VENDORS agreed to sell the same to the
VENDEE.
WHEREAS, pursuant to Rule 74, Sec. 1 of the Revised Rules of Court of
the Philippines, and being with full capacity to contract, we do hereby
adjudicate unto ourselves the parcel of land described above, in equal shares.
NOW, THEREFORE, for and in consideration of the amount of THREE
HUNDRED THOUSAND EIGHT HUNDRED FORTY PESOS (PhP 300,840.00),
Philippine Currency, receipt in full is hereby acknowledged by the SELLERS
to his/her satisfaction, the SELLER SELLS, CEDES, TRANSFERS and
CONVEYS in a manner that is absolute and irrevocable the above real property
unto the BUYER, his/her heirs, assigns and successors-in-interest, the above-
described parcel of land containing an area of FIVE THOUSAND FOURTEEN
(5,014) square meters with all the improvements existing thereon;
The SELLERS warrants that he/she can transfer the title and possession
of the aforesaid real estate property to the BUYER and that there are no other
transactions pending registration with the Registry of Deeds in Oroquieta City
that will adversely affect the rights of the BUYER;
The SELLERS further warrants that the property is not tenanted or if
otherwise, it shall be on the account of the SELLER to dispossess, cause the
surrender of the property, of any and all portions thereof in favor of the
BUYER;
That the adjoining owners were notified of the intended sale but have
refused to exercise their right as provided for by law;
That any and all expenses incidental to the registration and conveyance
of the title from the name of the REGISTERED OWNER to the name of the
BUYER such as Estate Tax, Transfer Tax, Documentary Tax, Capital Gains
Tax, Attorney’s Fees, registration expenses and the like shall be the sole and
exclusive account of the BUYER;
IN WITNESS WHEREOF, the SELLERS have hereunto signed this
EXTRAJUDICIAL SETTLEMENT OF ESTATE WITH SALE this ____________ in
Oroquieta City, Philippines.
DOUGLAS G. ZABALLERO NENETTE B. ZABALLERO
Seller Seller
JODIE MARI MONIQUE B. LACERNA
Buyer
SIGNED IN THE PRESENCE OF:
_________________________ __________________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
OROQUIETA CITY………………… ) S.S
BEFORE ME, this _______________ in Oroquieta City, personally appeared
to me the parties who are identified by me through competent evidence of
identity:
Name Competent Evidence of Identity
DOUGLAS G. ZABALLERO - _________________________________
NENETTE B. ZABALLERO - ______________________________
JODIE MARI MONIQUE B. LACERNA - ______________________________
known to me to be the same persons who executed the foregoing instrument,
and they acknowledged to me that the same is their free act and deed.
This instrument consisting of three (3) pages, including the page on which
this acknowledgment is written, has been signed on the left margin of each and
every page thereof by the parties and their witnesses, and sealed with my
notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand, the day, year,
and place above-written.
NOTARY PUBLIC
ATTY. PHILIPPE EMILE R. SANTIAGO
NOTARY PUBLIC
Doc. No._______; NOTARIAL COMMISSION NO. 72-2023
FOR AND IN THE CITY OF OROQUIETA AND
Page No._______; MUNICIPALITIES OF
LOPEZ JAENA, ALORAN, PANAON, JIMINEZ,
Book No._______; SINACABAN AND TUDELA
UNTIL DECEMBER 31, 2024
Series of 2023. MCLE EXEMPTION NO. VII-BEP004431- MAY 31, 2022
ATTORNEY'S ROLL NO. 61761
IBP NO. 013555- Mis.Occ. Chapter
PTR NO. 0237632- January 18, 2023
ISSUED AT OROQUIETA CITY
REPUBLIC OF THE PHILIPPINES )
CITY OF OROQUIETA . . . . . . . .)S.S.
AFFIDAVIT OF FULL PAYMENT
I, DOUGLAS G. ZABALLERO, of legal age, Filipino, widower, Filipino, and a
resident of San Vicente Bajo, Oroquieta City, Misamis Occidental, Philippines, and
NENETTE B. ZABALLERO, of legal age, single, Filipino, and a resident of Lobogon,
Aloran, Misamis Occidental, Philippines, after having been duly sworn to an oath,
depose and state:
That WE hereby acknowledged to have received the full payment in the
sum of THREE HUNDRED THOUSAND EIGHT HUNDRED FORTY PESOS (PhP
300,840.00), Philippine Currency, from JODIE MARI MONIQUE B. LACERNA,
Filipino, 33 years old, married to GREGG HENRY LACERNA, with residence at Unit
4 Phase 2 Villa Armolinda Richmond Residences, Barangay Tabok, Mandaue City,
Cebu 6014, buyer of my properties particularly described as follows:
A parcel of Land identified as Lot No. 406, Cad.310-D Brgy. San Vicente Bajo, Oroquieta
City, Misamis Occidental, containing an area of SEVEN THOUSAND SEVEN HUNDRED
AND SEVENTY-EIGHT (7,778) SQUARE METERS covered under ORIGINAL
CERTIFICATE OF TITLE No. P-142 with Tax Declaration No. 267982 declared in
the name of TEOFISTA GOMEZ and bounded as follows:
Beginning at a point marked “1” of Lot 406 of the Cadastral Survey of Oroquieta,
being S.13-05’E.,2970.71m. from BLLM 1, Cad.310-D, thence
S.70-08’W., 20.34m to point 2; N.18-13’W., 60.35m to point 3;
S.86-17’E., 10.65m to point 4; N.69-52’E., 21.6m to point 5;
N. 0-33’W., 16.58m to point 6; N.76-23’E., 2.68m to point 7;
N. 1-23’W., 44.16m to point 8; N. 84-20’E., 47.52m to point 9;
S. 19-20’E., 32.10m to point 10; S. 12-16’E., 9.46m to point 11;
S.14-47’E., 46.68 to point 12; S. 64-46’E., 11.12m to point 13;
S. 58-47’W., 65.33m to point 1; point of beginning.
Containing an area of SEVEN THOUSAND SEVEN HUNDRED AND SEVENTY-
EIGHT (7,778) SQUARE METERS.
“A portion of the above-described parcel of land consisting of FIVE
THOUSAND FOURTEEN square meters (5,014 m2) only bounded as follows:
North: LOT 024,025,041
East: LOT 023,024,025,026,027,028 OF SEC.05
South: LOT 027,042,029,068,025
West: LOT 024,027
IN WITNESS WHEREOF, I hereunto affix my signature this ____________ in the
City of Oroquieta, Philippines.
DOUGLAS G. ZABALLERO NENETTE B. ZABALLERO
Affiant Affiant
____________________________ ____________________________
SUBSCRIBED AND SWORN TO before me this ______________ at Oroquieta City,
Philippines.
ATTY. PHILIPPE EMILE R. SANTIAGO
NOTARY PUBLIC
Doc. No._______; NOTARIAL COMMISSION NO. 72-2023
FOR AND IN THE CITY OF OROQUIETA AND
Page No._______; MUNICIPALITIES OF
LOPEZ JAENA, ALORAN, PANAON, JIMINEZ,
Book No._______; SINACABAN AND TUDELA
UNTIL DECEMBER 31, 2024
Series of 2023. MCLE EXEMPTION NO. VII-BEP004431- MAY 31, 2022
ATTORNEY'S ROLL NO. 61761
IBP NO. 013555- Mis.Occ. Chapter
PTR NO. 0237632- January 18, 2023
